It Is The Case Of The Petitioner That The Issue Is Coveredin Favour Of The Petitioner By The Judgment Of The Hon'blesupreme Court In Mavilayi Service Co-Operati v. Commissioner Of Income Tax [2021 (1) Khc 303]. It Issubmitted That Once The Appeal Is Heard, The Entire Demand In Theorder Of Assessment Will Be Wiped Out

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 4 DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944WP(C) NO. 35186 OF 2022 PETITIONER/S: THE MANAGING COMMITTEE OF PONVILA SERVICE CO-OPERATIVE BANK LTD.NO.985, REPRESENTED BY ITS PRESIDENTAYIRA P.O, VIA PARASSALA, THIRUVANANTHAPURAM, PIN - 695502BY ADVS.P.N.MOHANANC.P.SABARIAMRUTHA SURESHGILROY ROZARIO RESPONDENT/S: 1REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE GOVERNMENT OF INDIA,NORTH BLOCK, NEW DELHI, PIN - 110001MINISTRY OF FINANCE GOVERNMENT OF INDIA,NORTH BLOCK, NEW DELHI, PIN - 110001 2THE CENTRAL BOARD OF DIRECT TAXES, REPRESENTED BY ITS CHAIRMAN, DEPARTMENT OF REVENUE, MINISTRY OF FINANCEGOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI, PIN - 110001CHAIRMAN, DEPARTMENT OF REVENUE, MINISTRY OF FINANCEGOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI, PIN - 110001 3STATE OF KERALA , REPRESENTED BY ITS SECRETARY (CO-OPERATION) OPERATION) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001695001 4ASSESSMENT UNIT, INCOME TAX DEPARTMENT, NATIONAL FACELESS APPEAL CENTRE (NFAC), FACELESS APPEAL CENTRE (NFAC), NORTH BLOCK, DELHI, PIN - 110001 5THE COMMISSIONER OF INCOME TAX (APPEALS) NATIONAL FACELESS APPEAL CENTRE (NFAC)NORTH BLOCK, DELHI, PIN - 110001FACELESS APPEAL CENTRE (NFAC)NORTH BLOCK, DELHI, PIN - 110001 6THE KERALA STATE CO-OPERATIVE BANK LTD. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICERPB NO 6515, CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033ITS CHIEF EXECUTIVE OFFICERPB NO 6515, CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 BY ADV SRI.GILBERT GEORGE CORREYA, SC, KERALA STATE CO-OPERATIVE BANK LTD. ADV. THUSHARA JAMES, SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON04.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 35186 OF 2022 2 JUDGMENT Petitioner has approached this Court, being aggrieved bythe fact that proceedings are being initiated to recover amountsdue from the petitioner under Ext.P4 order of assessment,pending consideration of Ext.P5 appeal filed before the 5[th]respondent (National Faceless Appeal Centre). 2.It is the case of the petitioner that the issue is coveredin favour of the petitioner by the judgment of the Hon'bleSupreme Court in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax [2021 (1) KHC 303]. It issubmitted that once the appeal is heard, the entire demand in theorder of assessment will be wiped out. 3.Heard the learned Standing Counsel also. 4.Having regard to the facts and circumstances of thecase and considering the fact that an appeal is already pendingagainst Ext.P4 order of assessment, this writ petition will standdisposed of, directing the 5[th] respondent to consider and passorders on Ext.P5 appeal filed against Ext.P4 order of assessment,with notice to the petitioner and in accordance with law, asexpeditiously as possible and at any rate, within six months fromthe date of receipt of a certified copy of this judgment. Till such WP(C) NO. 35186 OF 2022 3 time as orders are passed on Ext.P5 appeal, all furtherproceedings for recovery of amounts due under Ext.P4 order ofassessment shall be kept in abeyance. The writ petition is disposed of as above. ajt sd/- GOPINATH P.JUDGE APPENDIX OF WP(C) 35186/2022 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 A TRUE COPY OF THE RELEVANT PAGES OF FINANCE ACT, 2020 A TRUE COPY OF THE RELEVANT EXTRACT OF SECTION 194A OF INCOME TAX ACT, 1961 . A TRUE COPY OF THE INTERIM ORDER DATED 4.7.2022 IN W.P.(C).NO.21639/ 2022 A TRUE COPY OF THE ASSESSMENT ORDER A/W DEMAND NOTICE DATED 8.9.2022 ISSUED BY THE FOURTH RESPONDENT BY FIXING AN INCOME TAX LIABILITY OF RS.39,00,359/- UPON THE PETITIONER A TRUE COPY OF THE APPEAL PETITION FILED BY THE PETITIONER BEFORE THE FIFTH RESPONDENT ON22.09.2022 The writ petition is disposed of as above. ajt sd/- GOPINATH P.JUDGE APPENDIX OF WP(C) 35186/2022 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 A TRUE COPY OF THE RELEVANT PAGES OF FINANCE ACT, 2020 A TRUE COPY OF THE RELEVANT EXTRACT OF SECTION 194A OF INCOME TAX ACT, 1961 . A TRUE COPY OF THE INTERIM ORDER DATED 4.7.2022 IN W.P.(C).NO.21639/ 2022 A TRUE COPY OF THE ASSESSMENT ORDER A/W DEMAND NOTICE DATED 8.9.2022 ISSUED BY THE FOURTH RESPONDENT BY FIXING AN INCOME TAX LIABILITY OF RS.39,00,359/- UPON THE PETITIONER A TRUE COPY OF THE APPEAL PETITION FILED BY THE PETITIONER BEFORE THE FIFTH RESPONDENT ON22.09.2022 A TRUE COPY OF THE PETITION DATED 22.9.2022 FOR INTERIM STAY OF EXT. P1 ORDER, ALONG WITHTHE COVERING LETTER DATED 22.9.2022 FILED BY THE PETITIONER BEFORE THE FIFTH RESPONDENT